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RES 1997-0602 - Contract with Housing Authority for LaFern Williams Child Care and REcreation Center ,, . i--/ /97,ce.e.,,,A4,4 - iali4g, ., _ :b . Fe4 • Parks, Recreation & .,otAAHA.NFO . �° ! q��� ) ' r ` �� -E. r- Public Property Department , �� \ Li Omaha/Douglas Civic Center ~ 1 1819 Farnam Street,Suite 701 o®.',r T „ FEB s,� �. i, Omaha,Nebraska 68183-0701 �, _._ ry �� [s t e_ (402)444-5900 �q ... 'rFo FEaR°°p~ FAX(402)444-4921 CITY CLERK Jerry D.Parks City of Omaha �}a , p i < ; Director Hal Daub,Mayor February 25, Y'9J'I H`. ' �� ��/ Honorable President and Members of the City Council, Submitted herewith for your consideration is a Resolution authorizing a contract between the City of Omaha and the Housing Authority of the City of Omaha. This Agreement provides that the Contractor will furnish to the residents of Omaha a multi-purpose recreation center in a designated area of the LaFern Williams Child Care and Recreation Center building located at 3010 "R" Street from January 1,.1997 through and including December 31, 1997, for and in consideration of payment in the aggregate amount of$90,000.00. Payment is to be made from the.Keno Fund No. 120, Agency No. 180, Organization No. 1806. Respectfully submitted, ' c2/y/ 7 Jerry D. Parks, Director Parks, Recreation and Public Property Department Approved as to Funding: Referred to City Council for Consideration: . 2/6-,/ /7 ea,-.I"AAs� .\ �4... �// Louis A. D'Ercole, Acting Director.. Mayor's Office/Title Finance Department P:\PRPP\2799.PJM 4( cN 1 • • 4 • CONTRACT THIS CONTRACT is entered into in accordance with the authority of § 71-1505 R.R.S. Nebraska 1943,as amended,by and between the City of Omaha, a municipal corporation in Douglas County, Nebraska, also referred to as "City", and the Housing Authority of the City of Omaha, a body corporate and politic, with its principal place of business at 540 South 27th Street, Omaha, Douglas County, Nebraska, also referred to as "Contractor". RECITALS WHEREAS, as part of its governmental responsibility, the City of Omaha provides parks, playgrounds, swimming pools and various diverse other facilities and programs for the recreational use and benefit of its residents and citizens; and, WHEREAS, the Contractor is the owner of a multi-purpose facility, known as the LaFern Williams Child Care and Recreation Center located at 3010 "R" Streets in the City of Omaha, Douglas County,Nebraska, and that a portion of said structure is designed and intended for use as a multi-purpose recreation facility; and, WHEREAS, Contractor is desirous and capable of utilizing said facility to provide a multi- purpose recreation center for the residents and citizens of the City, which facility shall consist of a minimum of 16,000 plus or minus square feet, as indicated in the drawing attached hereto as Exhibit "A" and by this reference made a part hereof. IN CONSIDERATION OF THESE MUTUAL COVENANTS,THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY The City, in fulfilling their conditions of this Contract for services rendered, agrees and covenants with the Contractor to do as follows: 1. To observe and monitor weekly activities and functions of Contractor relating to such contracts. 2. To prescribe accounting systems for records and accounts. 3. To require quarterly progress reports including a contract completion report of the activities and functions of Contractor. II. DUTIES OF THE CONTRACTOR In carrying out the terms of this Contract, Contractor agrees to provide the following services. 1. To provide a community facility for the citizens and residents of the City for recreational purposes. 2. To manage, establish, maintain and operate said recreational center. 3. To provide recreational equipment, for the use and benefit of the residents and citizens of the City. 4. To plan, direct and supervise an ongoing program of recreation activities held within and/or servicing the users of the LaFern Williams Recreation Center. The Contractor further agrees that funds provided by the City of Omaha under the terms of this contract shall be utilized only for the following purposes: 1. Personnel related expenditures for the following employees: a. Recreation Staff to include a full-time Recreation Program Coordinator, Recreation Specialist, two part-time recreation aides, instructors, officials, umpires and other staff whose employment relates directly to providing a recreation service or program in conjunction with the LaFern Williams Center. b. Facility maintenance staff necessary to maintain that section of the building utilized for recreation activities. c. Training activities for the employees as detailed above. 2. Director costs relating to the operation and maintenance of that portion of the LaFern Williams Center utilized for recreation services. These costs shall include: a. Utility expenses computed upon the percentage of the overall square footage regularly utilized for recreation services. b. Cleaning and maintenance supplies and materials necessary to maintain the recreation area of the facility. - 2 - 5)1e 3. The purchase of recreational supplies,materials and equipment necessary to provide • the recreation services as detailed herein. 4. Expenditures associated with recreation programming to include: a. Instructional classes b. Special events c. Recreation and cultural trips and tours d. Workshops e. Leagues/tournaments f. Recreation clinics g. Other recreational activities and "drop-in" activities The Contractor further agrees to create a separate bank account titled the LaFern Williams Recreation Trust Fund. All payments made by the City to the Omaha Housing Authority under the terms of this contract shall be deposited within this account. Additionally, any and all revenue generated by participant charges or membership fees associated with the recreation services provided by O.H.A. in conjunction with the LaFem Williams Program shall be deposited within this account. Notwithstanding the provisions of Article V, Paragraph 12, Subsections D, E, F & G, the Contractor further agrees to submit the following reports to the Mayor, City Council, the Director of the Department of Parks, Recreation and Public Property and the City Finance Director: 1. Quarterly Progress Report - Said reports to fully detail all recreation activities and programs offered under this contract, and a detailed listing of all expenses charged against the LaFern Williams Recreation Trust Fund. Expenditures found not to be legitimate expenditures of the LaFern Williams Recreation Trust Fund as outlined under the terms of this contract shall be reimbursed by the Omaha Housing Authority. Said quarterly report as detailed herein shall fulfill the Contractor's obligation as stated in VI, 12.F. Report to be submitted quarterly. 2. O.H.A. shall submit an annual budget, each fiscal year, which shall constitute the planned expenditures for each category, subcategory and line item of expense. O.H.A. agrees not to shift amounts among line items without a properly executed modification of the contract. Following Finance Department review, the Finance Director shall submit the O.H.A. Budget with pertinent recommendations to the City Council and Mayor for review and action. O.H.A. shall submit its proposed annual budget by November 1 of each year. - 3 - ti 3. Contract Completion Report - This report shall detail the accomplishments of the • LaFern Williams Center Recreation Program for the preceding year. III. TERM This Contract shall be in full force and effect from the 1st day of January, 1997 through and including the 31st day of December, 1997. VI. CONSIDERATION In consideration of the services herein provided, the City agrees to pay Contractor the sum . of Ninety Thousand and No/100 ($90,000.00) Dollars, payable as follows: January 10, 1997 $22,500.00 April 12, 1997 $22,500.00 July 12, 1997 $22,500.00 October 11, 1997 $22.500.00 Total $90,000.00 V. PROVISIONS OF THE CONTRACT 1. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. Refusal by the contractor or subcontractor to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the contractor in violation until it is determined that the contractor or subcontractor is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that he has established and shall carry out the policies of the program as herein outlined.. • 2. NON-DISCRIMINATION The Contractor shall not, in the performance of this Contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 3. Captions used in this Contract are for convenience and are not used in the construction of this Contract. 4. APPLICABLE LAW Parties to this Contract shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Contract. 5. INTEREST OF THE CITY Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Contract voidable by the Mayor or Council. 6. INTEREST OF THE CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this contract,he further covenants that in the performance of this contract, no person having any such interest shall be employed. 7. MERGER This Contract shall not be merged into any other oral or written contract, lease, deed of any type. This is the complete and full agreement of the parties. 8. MODIFICATION This Contract contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. - 5 - jl 9. APPROVAL OF AMENDMENTS The parties hereto acknowledge that, as of the date of the execution of this Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent,if the original bid price is one hundred fifty thousand dollars ($150,000)or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of the Contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases. 10. ASSIGNMENT The Contractor may not assign its rights under this Contract without the express prior written consent of the City. 11. STRICT COMPLIANCE All provisions of this Contract and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. 12. CODE PROVISIONS During the terms of this contract the Contractor shall be familiar with and expressly follow the provisions of Section 10-162 of the Omaha Municipal Code and shall be required to: A. Maintain records and accounts, including property,personnel, and financial records, as prescribed by the City to assure an accounting of all contract expenses; B. Make such records and accounts available for audit purposes to the Finance Director, or any other authorized City representative; C. Retain such records and accounts for a period of five (5) years; D. Submit a budget to the City Council and Parks, Recreation and Public Property which shall constitute the limitations on expenditures for each category, subcategory and line item of expense; E. Not exceed the limitations so established and not to shift amounts among line items without a properly executed modification of the contract; - 6 - 1 F. Submit to the City Council and Parks, Recreation and Public Property progress reports on a quarterly basis of all activities and functions for which funds of the City are received; G. Submit to the City Council and Parks, Recreation and Public Property a contract completion report; and, H. Be subject to all federal and local legislation prohibiting discrimination including Title VI of the Civil Rights Act, the fair employment practices ordinance and the provisions of the Home Rule Charter of the City of Omaha, 1956. VI. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained,the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Contract and for the period of any applicable statute of limitations thereafter,the following named individuals shall be the authorized representatives of the parties: (1) Department of Parks, Recreation& Public Property Jerry Parks, Director Omaha/Douglas Civic Center 1819 Farnam Street Omaha,Nebraska 68183 (2) Omaha Housing Authority Robert L. Armstrong 540 South 27th Street Omaha,Nebraska 68107 EXECUTED this s?r/day of ,,,A1 , 19,)7 ATTEST: CITY , unicipal Corporation By: IT RK O THE CITY OF OMAHA OR F H CITY OF OMAHA AP OVED AS TO FORM: OM O S AU al . 6///16/ZC____-----,:3 -,2 AS$IS 'ANT CITY ATTORNEY ROBERT . ARMSTRON , DIRECTOR P:\PRPP\2801.PJM - 7 - i 1 During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,sex,national origin,or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affuivative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship;promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1)through(7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. (6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. (7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. P:\PRPP\2802.PJM - 2 - OMAHA HOUSING AUTHORITY LAFERN WILLIAMS RECREATION CENTER (ECEIVE[., 1998 BUDGET REQUEST 'AN 2 4 1497 11RECTOR PR.p EXPENDITURES RECREATION PROGRAM SUPERVISOR(1) $ 29,000 RECREATION AIDES (3) 51,000 FRINGE BENEFITS 35% 28.000 TOTAL SALARIES &FRINGE BENEFITS $ 108,000 RECREATION OPERATIONAL COST TRANSPORTATION/FIELD TRIPS 10,000 FEES FOR EVENTS 5,000 GAMES, BALLS, EXPENDABLES 5.000 TOTAL RECREATION OPERATION COSTS 20,000 TOTAL COST BUDGET COSTS $ 128,000 REVENUE CITY FUNDS 90,000 MEMBERSHIPS/FEES 8,000 OHA CONTRIBUTIONS 30.000 TOTAL REVENUE $ 128,000 NET BALANCE $EXCEL/MEK e ., c-25A CITY OF OMAHA .S' •' LEGISLATIVE CHAMBER February2597 "I' Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS, the Housing Authority of the City of Omaha is a body corporate and politic created by the statutes of the State of Nebraska and the ordinances of the City of Omaha with its principal place of business at 540 South 27th Street in Omaha, Douglas County,Nebraska; and, • WHEREAS, this Council has allocated the sum of Ninety Thousand and No/100 Dollars($90,000.00)in the 1997 budget to provide the consideration for a contract between the City of Omaha and the Housing Authority of the City of Omaha; and, WHEREAS, said agreement shall require that'the Housing Authority of the City of Omaha furnish to the residents of the City of Omaha a multi-purpose recreational center in a designated area of the LaFem Williams Child Care and Recreation Center building located at 3010 "R" Street from January 1, 1997 through and including December 31, 1997, for and in consideration of the aggregate payment of Ninety Thousand and No/100 Dollars($90,000.00); and, WHEREAS,the Mayor has recommended approval of such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor and in accordance with the provisions of Section 5.17 of the Omaha Home Rule Charter, 1956,as amended,the annexed contract between the City of Omaha and the Housing Authority of the City of Omaha in the aggregate amount of $90,000.00 is approved by resolution of this Council. Said sum shall be paid from the Keno Fund No. 120,Agency No. 180, Organization No. 1806. APPROVED AS TO FO TANT CITY ATTORNEY P:\PRPP\2800.PJM ‘44 By .l Councilmember Adopted FEB... .5..199 Z-79 it Cler 41$166 't Approved.... , - Mayor . 'b o 'rf o � � n u, 5' � 6 • O oo OWN po ,,, � � , Q q rn h b noa t7).* 5r 6 N a1. \ n1. . co x co 0 co w `� 76 ace er as Gs 50 o y ttt ``�